Gender Sensitisation and Awareness about Sexual Harassment of

Gender Sensitisation and Awareness about Sexual Harassment of working women at work place Parimal Paul Director(Administration)

Important notice The contents of the presentation, discussion on the subject, showing of images, videos in the presentation are adult in nature. These has been included to make the training programme more effective and meaningful. The participants are requested to forget about the adult content of the training classes after the Training is over and leaving the Training room.

Learning Objectives At the end of the session the participants will be able to understand==== Meaning of “Sex”, “Gender”, rights of women, recognition of women, their role and their representation in various spheres of life in our country----the meaning of sexual harassment and its types—effect-consequences---resolution of harassment--prevention of harassment at work place--- responsibilities of employee and employer--Final thought.

Rule Position CCS (Conduct) Rules 1965 Rule -3 C : (1) No Government servant shall indulge in any act of sexual harassment of any woman at her working place (2) Government servant in charge of a work place shall take appropriate steps to prevent sexual harassment to any woman at such work place. (DOPT notification no. 11013/10/97 Estt. (A)dated 13. 2. 98)

Contd. �For the purpose of this Rule “Sexual harassment" includes such unwelcome sexually determined behaviour, whether directly or otherwise as— (a) physical contact and advances; (b) demand or request for sexual favours; (c) sexually coloured remarks; (d) Showing any pornography; (e) any other unwelcome physical, verval or non-verbal conduct of a sexual nature

What is Harassment ? Harassment by definition is to irritate or torment persistently or to wear out and exhaust.

Sexual Harassment Facts Basic facts about sexual harassment: Sexual harassment is a form of sex discrimination It violates Anti-Harassment Policy (i. e. , Prohibits harassment on the basis of sex as well as race, religion, colour, national or ethnic origin, age, disability, sexual orientation, gender identity and gender expression)

Sexual Harassment Facts(Contd. ) It violates federal law— Title VII of the Civil Rights Act of 1964 in an employment setting and Title IX of the Education Amendments of 1972 in an educational setting. The victim as well as the harasser may be a woman or a man.

Sexual Harassment Facts(Contd. ) The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

(Contd. ) Unlawful sexual harassment may occur without economic injury to or discharge of the victim. Same sex harassment violates Title VII if the employee is harassed because of his or her gender. Unwelcome conduct under a protected basis violates Title VII if it creates an intimidating, hostile, or offensive work environment.

(Contd. ) The harasser’s conduct must be unwelcome. An employer is always liable for harassment by a supervisor that results in tangible employment action.

Sex and Gender �“Sex”refers to biological differences between women and men. They are generally permanent and universal. �“ Gender” refers to socially constructed roles and responsibilities of women and men in a given culture or location. These roles are influenced by perceptions and expectations arising from cultural, political, environmental, economic, social and religious factors as well as custom, law, class ethnicity and individual or institutional bias. Gender attitudes and behaviour are learned and can be changed.

Gender Analysis social attributes and opportunities associated with being male and female relationships between women and girls and boys, as well as the relations between women and those between men socially constructed and are learned through socialization process Context / time-specific and changeable

Gender Analysis (contd. ) gender determines what is expected, allowed and valued in a women or a man in a given socio cultural context. there are differences and inequalities between women and men in responsibilities assigned, activities undertaken, access to and control over resources, as well as decisionmaking opportunities.

Gender Differences v Social v Political v Educational v Economic

Gender Differences(Contd. ) � Social : Different perceptions of women’s and men’s social roles. The man is seen as the head of the household and chief bread earner. The woman is seen as nurturer and care given. � Political : Differences in the ways in which women and men assume and share power and authority. Men are more involved in national and higher level policies. Women are more involved at the local level in activities linked to their domestic roles.

Gender Differences(Contd. ) Educational: Differences in educational opportunities and expectations of girls and boys. Family resources directed to boys rather than girls’ education. Girls steamed into less challenging academic tracks. Economic : Differences in women’s and men’s access to lucrative careers and control of financial and other productive resources credit and loans land ownership

Some facts about woman Ø A woman’s natural place is the home. Ø A woman committed to the job rather than family is unwomanly. Ø Woman lack reasons and are governed by emotions. Ø Women are not tough minded. Men need to take care of them. Ø Only attracted women get harassed.

Some facts about woman (Contd. ) Ø Women who get harassed are asking for it. Ø Men does get harassed except in a few cases. Ø Promiscuity leads to sexual harassment Ø Most sexual harassment happens only in women’s mind. Ø Women charge sexual harassment when they are in trouble.

Gender Equity and Equality Gender Equity is the process of being fair to men and women. To ensure fairness measures must often be put in place to compensate for the historical and social disadvantages that prevent men and women from operating on a level playing field.

(Contd. ) Gender equality means that there is no discrimination on grounds of a person’s sex in the allocation of resources or benefits, or in the access to services Equity is a means. Equality is the result.

(Contd. ) Gender equality---- does not mean that women and men will become the same women’s and men’s rights, responsibilities and opportunities will not depend on whether they are born male or female interests, needs and priorities of both women and men are taken into consideration, recognizing the diversity of different groups of women and men

(Contd. ) Gender equality is not a women’s issue but should concern and fully engage men as well as women a human rights issue a precondition for, and indicator of, sustainable people-centered development

India Gender Inequality Index Rank, 2013 127 Rank out of 187 countries

Constitution of India Fundamental Rights Article -14 : Equality before law. Article -15 : Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Article -15(3) : Permission to States to make special provisions for women and children Article-16 : Equal opportunity in matters of public employment.

Constitution of India(Contd. ) Fundamental Rights Article-17: Abolition of untouchability Article-18 : Abolition of titles. Article -39 : Enjoins the State to provide an adequate means of livelihood to men and women Article-51 A(e) : Duty of every citizen to renounce practices derogatory to the dignity of women

Right to Freedom Article -19 : Protection of certain rights regarding freedom of speech, etc. Article- 20 : Protection in respect of conviction for offences. Article- 21 : Protection of life and personal liberty. Article-22: Protection against arrest and detention in certain cases.

Right against exploitation Article-23: Prohibition of traffic in human beings and forced labour. Article-24: Prohibition of employment of children in factories, etc.

Fundamental duties renounce practices derogatory to the dignity of women spirit of inquiry and reform abjure violence strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement

M D Goals Promote Gender Equality Empower Women

Gender Empowerment Ø The actual process of empowerment have to occur at several levels Ø The transformation has to give changes in ---- the ideological system, ---- in access to resources and in institution ---- and structures at several levels such as the family and the household, the village and the community, the state and the market.

Steps to empowerment q Consciousness Raising q Mobilising and Organising q. Collectiveness q Identifying their own priorities and the strategies q Struggle for change

BEIJING DECLARATION 1995 Fourth World Conference on Women participating Governments expressed their commitment “to advance the goals of equality, development and peace for all women everywhere in the interest of humanity”.

Components of Report General population patterns, families Health Education Work Power and decision-making Violence against women Environment Poverty

(Contd. ) Does it actually work at work?

(Contd. ) We have had 30 Cabinet Secretaries How many of them were women ?

(Contd. ) v Arun Jaitley is our Finance Minister. How many female Finance Ministers have we had? v Narendra Modi is our Prime Minister. How many female Prime Ministers have we had?

(Contd. ) Paradoxes of Working Women Havard Business Review 2013

(Contd. ) 1. Pay Paradox paid 23% less than men on average career choice: more women than men choose to go into teaching and social work 12 percent difference in earnings that was entirely unexplained by choice of profession

2. Double bind Paradox Gender stereotypes make it difficult for female leaders to feel comfortable taking a commanding stance because they are perceived as either competent or liked — but rarely both �As Forbes recently noted, “Studies show that assertive women are more likely to be perceived as aggressive; that women usually don’t ask for what they deserve but when they do, they risk being branded as domineering or, worse even, “ambitious. ”

3. Promotion Paradox Only four 4% of the CEOs in Fortune’s top 1, 000 companies are female and less than 20 percent of Congress is female Women have fewer leadership role models and they arguably have greater demands outside of work competing for their attention.

4. Net working Paradox For women, networking is largely social. Men network in a much more transactional way — they exchange business ideas and establish a quid pro quo of career favors. They actively seek out sponsors and they ask for jobs.

5. The Start up Paradox �women launch nearly half of all startups and the most successful startups have more women in senior positions than unsuccessful ones �Yet, despite these findings, less than seven percent of executives at the 20, 000+ companies in the Dow Jones study were women. This tells us that the gender gap is even more pronounced in venture-funded start-ups than in corporate America

In India Women work force in Government are more or less equal to men work force. Comparable numbers in private sector also But number of women taking up risky , challenging career paths are less. e. g. , Venture Capital, Entrepreneurs ‘Stay Hungry, Stay Foolish ’- Rashmi Bansal

(Contd. ) Ministry of Women & Child Development Government of India

Acts in India q WOMEN SPECIFIC LEGISLATIONS Ø The Dowry Provision Act, 1961(28 0 f 1961) Ø The immoral Traffic( Prevention) Act, 1956 Ø The protection of women from Domestic Violence Act 2005 Ø The Sexual Harassment of Women at workplace(Prevention, Prohibition and Redressal) Act 2013

Acts in India (Contd. ) q WOMEN RELATED LEGISLATIONS Ø The Commission of Sati (Prevention) Act, 1987 Ø The Indecent Representation of women (Prohibition) Act, 1986 Ø Code of Criminal Procedure, 1973 Ø Indian Penal Code 1860 and amended in 2013 Ø The Hindu Marriage Act, 1955

Agencies v United Nations Development Fund for women (UNIFEM) v International Research and Training Institute for the advancement of women(INSTRAW) v Secretary-General’s Special Advisor on Gender issues (OSAGI) v Division for the advancement of Women(DAW) v UNDP, UNFPA, UNICEF, UNESCO v High Commissioners for human rights and

The women who have been famous in the respective field

Vishaka Guidelines �During the 1990, Rajasthan State Government employee Bhanwari Devi who tried to prevent child marriage as part of her duties as a worker of the Women Development Programme was raped by the landlords of the community. �The feudal patriarchs who were enraged by her (in their words: "a lowly woman from a poor and potter community") 'guts' decided to teach her a lesson and raped her repeatedly.

Vishaka Guidelines (Contd. ) The rape survivor did not get justice from Rajasthan High Court and the rapists were allowed to go free. This enraged a women's rights group called “Vishaka” that filed a public interest litigation in the Supreme Court of India.

Vishaka Guidelines (Contd. ) Finally Hon’ble Supreme Court in Vishaka and others vs. State of Rajasthan & others [ JT 1997(7) SC 384 ] laid down some guidelines for protection of women from sexual harassment at work place.

Supreme Court Guidelines Supreme court defined “Sexual Harassment” as— (a) Physical contact and advances; (b) A demand or request for sexual favours; (c) Sexually coloured remarks; (d) Showing pornography; (e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Supreme Court Guidelines q Duty of Employer in work places: Ø To prevent or deter the commission of acts of sexual harassment Ø To provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required

Supreme Court Guidelines (Contd. ) q Preventive Steps : All employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment. These are: (a) Prohibition of sexual harassment should be notified, published and circulated in appropriate ways.

Supreme Court Guidelines(Contd. ) (b) Rules and Regulations of Government and Public sector bodies related to conduct and discipline should include rules /regulation prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. (c) For Private employers steps should be taken to include aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.

Supreme Court Guidelines(Contd. ) (d) Appropriate working conditions should be provided in respect of work , leisure, health and hygiene to further ensure that there is no hostile environment towards women at work place and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with employment

Supreme Court Guidelines(Contd. ) q Criminal Proceedings: (1) Where conduct amounts to a specific offence under IPC or under any law the employer shall take appropriate action by making a complaint with appropriate authority (2) It should be ensured that victims or witnesses are not victimised or discriminated while dealing with complaints of sexual harassment with the appropriate authority (3) The victims should have the option to seek transfer

Supreme Court Guidelines(Contd. ) q Disciplinary Action : Where there is a misconduct appropriate disciplinary action should be initiated by the employer in accordance with the rules. q Complaint mechanism : Appropriate complaint mechanism should be created in the employer’s organisation for redressal of complaints made by the victims in a time bound period.

Supreme Court Guidelines(Contd. ) q Complaint Committee: (1) The Complaint Committee should be headed by a woman and not less than half of members should be women. (2) To prevent undue pressure or influence from senior levels Complaints committee should involve a third party either NGO or other body who is familiar with the issue of sexual harassment.

Supreme Court Guidelines(Contd. ) (3) The Complaints Committee must make an annual Report to the government department concerned of the compliants and action taken by them (4) The employer and persons in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department.

GOI Decision Government of India clarified that findings of the Complaints Committee will be binding on the disciplinary authority to initiate disciplinary proceedings against the Government servant(s) concerned under the provisions of CCS(CCA) Rules 1965. The report of the Complaints Committee should be treated as Enquiry Report against the accused Government servant. It is to be ensured that

GOI Decision (Contd. ) necessary follow-up action is taken on the report of the Complaints Committee without any delay. [G. I. Dept. of. Per. &Trg. , O. M. No. 11013/11 /2001 -Estt. (A) dated the 12 th. December, 2002 as amended by O. M. dated the 4 th August, 2005]

Supreme Court Guidelines(Contd. ) q Worker’s initiative: Workers should be allowed to raise the issues of sexual harassment at workers meeting and in other appropriate forum and it should be affirmatively discussed in Employer Employee meetings. q Awareness: Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines in a suitable manner.

Supreme Court Guidelines(Contd. ) q Third Party Harassment: Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

Supreme Court Guidelines(Contd. ) q Request to Governments: The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in “ Private sector” q These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993

Supreme Court Guidelines(Contd. ) q Government of India directed to implement all the above guidelines of Hon’ble Supreme Court [ DOPT O. M. of even no. dated 13. 2. 98 and GID (25) ]

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal ) Act 2013 The legislative progress of the Act was a lengthy one. Details are as under : q The Bill was first introduced by Women and Child development Minister Krishna Tirath in 2007. q Approved by Union Cabinet in January 2010. q Tabled in the Lok Sabha in December 2010. q Parliamentary Standing Committee’s Report was published on 30 November 2011.

Sexual Harassment Act (Contd. ) q In May 2012 Union Cabinet approved an amendment to include domestic workers. q The amendment Bill was finally passed by the Lok Sabha on 3 September 2012. q Passed by Rajya Sabha on 26 February 2013 q The Bill got the assent of the President 23 April 2013 q The Act came into force from 9 December 2013 q This statute superseded Vishaka Guidelines for prevention of sexual harassment introduced by the Supreme Court of India

Major features of the Act According to the Press Information Bureau of Government of India: “ The Act will ensure that women are protected against sexual harassment at all the work places be it public or private. This will contribute to realisation of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will improve women’s participation in work resulting in their economic empowerment and inclusive growth”

Major features of the Act(Contd. ) q The Act used the definition of sexual harassment laid down by the Supreme Court of India in Vishaka Vs. State of Rajasthan(1997) [ Section 2(n) of Act] q The Act defines sexual harassment at the work place and creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges.

Major features of the Act(Contd. ) q No woman shall be sexually harassed at any workplace. The following circumstances among others if occurs may amount to sexual harassment : (i) Implied or explicit promise of preferential treatment in her employment; (ii) Implied or explicit threat of detrimental treatment in her employment; (iii) Implied or explicit threat about her present or future employment status;

Major features of the Act(Contd. ) (iv) Interference with her work or creating an intimidating or offensive or hostile work environment for her. (v) Humiliating treatment likely to affect her health or safety. (Section-3)

Major features of the Act(Contd. ) q The Act also covers concepts of “Quid pro quo harassment” and “ Hostile work environment” as forms of sexual harassment. q The definition of “aggrieved women” under the Act is extremely wide to cover all women irrespective of her age of employment status, whether in the organised or unorganised sectors, public or private and covers clients customers and domestic workers as well.

Major features of the Act(Contd. ) q The definition of “workplace” has been made wide in addition to the Vishaka Guidelines by including organisations, department, office, branch unit etc. In the public and private sector, organised and unorganised, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex, competition or games venue and any place visited by the employee during the course of employment including the transportation, dwelling place or a house

Major features of the Act(Contd. ) Even non-traditional workplaces which involve tele-commuting will get covered under this Act. q Every employer is required to constitute an Internal Complaints Committee at each or branch with 10 or more employees. The District Officer is required to constitute a local Complaints Committee at each District and if required at the Block level

Major features of the Act(Contd. ) (i) The Chairman of the Committee shall be a woman employed at senior level at workplace amongst the employees (ii) At least two members from employees having experience in social work or having legal knowledge. (iii) One member shall be from NGO familiar with the issues relating to sexual harassment. (iv) At least one half of the total members so nominated shall be women. [ Section 4(2) ]

Major features of the Act(Contd. ) q. The committee is required to complete the enquiry with in a time period of 90 days. On completion of enquiry the report will be sent to the employer or the District Officer as the case may be. They are mandated to take action on the report within 60 days. q The Committee is required to submit Annual Report to the employer. [Section-21(1) ]

Major features of the Act(Contd. ) q The Complaints Committee have the powers of Civil Courts for gathering evidence. q The Complaints Committee are required to provide for conciliation before initiating an inquiry if requested by the complainant. q The inquiry process under the Act should be confidential and the Act lays down a penalty of Rs. 5000 on the person who has breached the confidentiality.

Major features of the Act(Contd. ) q The Act requires employers to conduct education and sensitisation programmes and develop policies against sexual harassment among other obligations. q Penalties have been prescribed for employers. Non-compliance with the provision of the Act shall be punishable with a fine of upto. Rs. 50000. Repeated violations may lead to higher penalties and cancellation of license or registration to conduct business.

Major features of the Act (Contd. ) q The Government can order an officer to inspect workplace and records related to sexual harassment in any organisation.

Penal Code Through the Criminal Law (Amendment) Act 2013, Section 354 was added to the Indian Penal Code that stipulates what consists of a sexual harassment offence and what the penalties shall be for a man committing such an offence. Penalties range from one to three years imprisonment and/or a fine. Additionally, with sexual harassment being a crime employers are obligated to report offences.

Benefits of Sexual harassment Act, 2013 q Women are protected against sexual harassment at all the work places, be it in public or private q Realization of their right to gender equality, life and liberty and equality in working conditions everywhere q Sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth.

Agenda of discussion Why we talk about sexual harassment? Why are we here today? What is sexual Harassment? Types of Sexual Harassment

Agenda of discussion (Contd. ) Who can be involved in sexual harassment? Who can commit Sexual Harassment? Who can experience Sexual Harassment?

Agenda of discussion (Contd. ) Reasons of Sexual Harassment Effects of Sexual Harassment Who is liable? Objectives of Sexual Harassment Policy General guiding principles

Agenda of discussion (Contd. ) FACTS Why it is important to prevent sexual harassment in our work place? Responsibilities of Employer

Agenda of discussion (Contd. ) Responsibilities of Employee Preventive measures Resolution of sexual harassment cases Final thoughts

Why we talk about Sexual Harassment? It still happens It is in the news. It affects employers of all types and sizes. It appears in many forms of entertainment and gradually increasing. Office Working atmosphere

Why are we here today? Our Objectiveq A commitment to dignity and respect in the workplace q How sexual harassment affects employee morale q Sexual harassment impacts the bottom line

Why are we here today? (Contd. ) Legal requirements q. Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the workplace. q. Complying with the law is desirable and necessary i. e. Supreme Court Guidelines, The Sexual Harassment of Women at workplace(Prevention, Prohibition and Redressal) Act 2013 , Indian Penal Code.

Sexual Harassment facts v Sex harassment is not sexual. It is harassment because of gender. This can be rude, abusive or intimidating behavior. v. The courts have interpreted discrimination based on sex to include sexual harassment.

What is Sexual Harassment? Unwelcome conduct of a sexual nature in the workplace Includes any unwelcome sexually determined behavior (whether directly or by implication) as: a) Physical contact and advances; b) A demand or request for sexual favors; c) Sexually coloured remarks; d) Showing pornography; e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Types of Sexual Harassment The previous definition establishes two types of sexual harassment: 1. Quid pro quo and 2. Hostile environment.

Types of Sexual Harassment Quid Pro Quo It means “Something for Something". Usually occurs within the context of a supervisor-employee relationship Examples: –A manager tells her employee that she will give him promotion, raise, day off etc. if he goes on a date with her. –A teacher’s assistant tells a student he will score the student higher on a test if she will kiss him.

Types of Sexual Harassment(Contd. ) Hostile Work Environment This is an environment often characterized as offensive, intimidating or abusive and may include the following behaviors or acts: *Sexual jokes or suggestive remarks

Types of Sexual Harassment (Contd. ) Sexually derogatory comments Consists of: ØSevere and pervasive conduct ØUnreasonable interference with an individual’s job performance ØOffensive, intimidating, hostile work environment Can be created by anyone in the workplace

Types of Sexual Harassment (Contd. ) Considerations of Hostile Work Environment: ØHow frequent is the conduct? ØHow severe is the conduct? ØIs the conduct physically threatening, humiliating , or merely an offensive utterance ? ØDoes the conduct unreasonably interfere with an individual’s work performance?

Hostile Work Environment (Contd. ) Examples of actions Pressure for dates; Making offensive remarks about looks, clothing, body parts; Touches in a way that may make an individual fell uncomfortable; Telling sexual jokes, hanging sexual posters;

Hostile Work Environment (Contd. ) Using racially derogatory words, phrases, epithets; Demonstrations of a racial or ethnic nature such as the use of gestures, pictures or drawing which would offend a particular racial or ethnic group. Comments about an individual’s skin color or other racial/ethnic characteristics;

Images of some cases of Sexual harassment at work place

What behaviour is harassing? Sexual harassment behaviour falls into five main groups— i) Verbal, ii) Non- verval, iii) Visual, iv) Physical, and v) Written. The behaviour can be blatant or very subtle. Any behaviour in any of the categories listed is considered sexual harassment if the behaviour is unwelcome.

Examples of Harassing behaviour Verbal: derogatory comments, racial or sexual epithets, requests for sexual favors, sexual innuendoes, offensive jokes or stories, repeated propositioning. Non-Verbal: Staring, derogatory or suggestive gestures, winking, throwing kisses, shunning, and ostracizing.

Contd. Visual: offensive pictures, photos, cartoons, posters calendars, magazines or objects. Physical: unwelcome touching, hugging, kissing, patting, stroking, standing too close. Written: unwelcome personal letters, notes or emails.

Why do people sexually harass others? Ø The majority of people who harass do so as a conscious or unconscious way of expressing dominance or power. It may be used as a method for organizational or social control over someone else. Ø Sometimes people harass others in an attempt to keep them in their place.

(Contd. ) Ø Others harass in front of their peers in an attempt to seek peer approval. Sexual harassment is a bullying tactic used by some to get what they want. Ø Very little harassment is based on sexual desire.

Who harasses and how can they be identified? There is really no typical abuser. Some sources give characteristics of typical or potential harassers, but there can be no positive identification until the harassing is committed. Anyone can harass, just as anyone can be a target of harassment, regardless of sex, sexual preference, age, or professional position.

What is the difference between sexual attraction and sexual harassment? First of all, sexual harassment is a form of discrimination and may have nothing to do with one person’s physical attraction to another. It is a misuse of power. From the beginning, the harasser is out to prove his or her dominance over the victim. The harasser’s goals are usually intimidation and control, not the pursuit of a mutually satisfying relationship

Who are the most frequent victims of sexual harassment? Early statistics on sexual harassment indicated that this was a problem of working women. Additional studies, conducted as a result of increased interest in the subject, indicate that it is becoming a growing problem for men as well. There is also an increase of lesbian, gay, bisexual or transgended harassment incidents reported.

Can sexual harassment claim be made by an employer even if that employee consented to the sexual activity ? Yes. Submission to the sexual activity by the employee citing harassment is not a defence an employer can use to avoid liability in a sexual harassment suit. The employee may have consented to the sexual activity only after pressure from the harasser.

What do most people want as a result of filing a sexual harassment claim? Studies show that the majority of these people just want the harassment to stop. More and more people are filing complaints with employee-rights agencies like the EEOC because employers fail to take action. It’s interesting to note that the majority of people who have been harassed quit or transfer out of the offensive work environment.

Who can be involved in Sexual harassment ? Those who commit, employees at all levels, customers, members of the same sex. Those who are targeted – victims, by standards and in some cases witnesses who are affected by the harassment.

Who can commit sexual harassment ? Supervisors Subordinates Co-workers Clients Customers Teachers Students Same sex

Who can experience Sexual Harassment Direct targets of harassment: When an employee is subjected to sexual advances. By standers Witnesses: By standers or those that witness acts of sexual harassment Sexual Harassment

Reasons of sexual harassment of women q. Poor status of Women q Increasing no. of working women q Poor knowledge of human relations and values q Sexual attraction

Reasons of sexual harassment of women (Contd. ) q Poor law and order position in the society and no adequate provision of law to deal with the problem effectively.

Effects of Sexual Harassment v Sexual harassment can result in disciplinary action including written warnings, suspension, transfer, demotion and even termination.

Effects of sexual harassment(Contd. ) v It is also illegal to retaliate Sexual Harassment complaint which may lead to disciplinary action including termination

Effects of sexual harassment (Contd. ) v It causes absenteeism, employee turnover, depression, illness, embarrassment, humiliation and social prestige.

Effects of sexual harassment (Contd. ) v A person charged with harassment complaint could loose his job, reputation and even career

When is an employer liable? Quid Pro Quo ◦ Liability is automatic

When is an employer liable? (Contd. ) Hostile Work Environment ◦ Supervisors ◦ Tangible employment action ◦ Non-supervisors

What isn’t Sexual Harassment? The stray remark The overly sensitive employee Consensual relationships

Is this sexual harassment? Workplace Scenario You be the Judge You decide which case is sexual Harassment BALANCE

The objectives of a workplace sexual harassment policy To provide a uniform statement of expectations To protect employee rights ◦ Foster respect for all parties ◦ Respect confidentiality ◦ Prohibit retaliation To promote compliance and prevention ◦ Management and employee responsibilities

General guiding principles Follow the FACTS F - Familiarize yourself with the organization policy A - Address incidents of sexual harassment immediately C - Cooperation T - Thorough investigation S - Satisfactory resolution

Follow the Facts F - Familiarize yourself with the Organisation policy ◦ read the policy ◦ ask questions ◦ keep a copy in a safe place

Follow the Facts (Contd. ) A - Address incidents of a sexual harassment immediately ◦ Employee must report ◦ Management must respond

Follow the FACTS (Contd. ) C - Cooperate ◦ Full cooperation of all parties is expected and required

Follow the FACTS (Contd. ) T - Thorough investigation ◦ Documentation of complaints ◦ Employee interviews ◦ Signed statements

Follow the FACTS (Contd. ) S - Satisfactory resolution ◦ Swift response and resolution ◦ Objective review of the facts ◦ Fair and appropriate response

Why it is important to prevent sexual harassment in our work place? q Sexual harassment harms all. The most important part of our organisation value is to ensure all employees are treated with respect and dignity. Engaging in condoning or not reporting sexual harassment are in direct conflict with our values. q Compliance with Title VII of the Civil Rights laws 1964 and other laws such as The Sexual Harassment of Women at workplace(Prevention, Prohibition and Redressal) Act 2013 etc. q Sexual harassment is illegal under federal and Indian Laws.

Duties of Employer (Section 19 of Sexual Harassment Act 2013) v To provide a safe working environment at the workplace including safety of persons coming into contact at the workplace. v To display at any conspicuous in the workplace, the penal consequences of sexual harassment, the orders constituting the Internal Complaints Committee.

Duties of Employer (Contd. ) v To organise workshops and awareness programmes at regular intervals for sensitising the employees with the provision of the Act. v. To provide necessary facilities to the Internal Committee or local Committee for dealing with the complaint and conducting enquiry.

Duties of Employer (Contd. ) v To assist in securing attendance of respondent and witnesses before the Internal Committee or Local Committee. v To supply as many as information to Internal committee relating to complaint. v To assist the woman to file a complaint in relation to offence under The indian Penal Code or any other law.

Duties of Employer (Contd. ) v To initiate action under the IPC or any other law against the perpetrator if the aggrieved woman so desires. v To treat the sexual harassment as a misconduct under the service rules and initiate action for such misconduct. v To monitor timely submission of report by the Internal Committee. (Section-19)

Employees’ responsibilities Employees are expected to maintain a productive environment free from harassing or disruptive activity. v Know and comply with the policy rules and procedure of the organisation v Report incidents that you experience directly or witness v Co-operate with the investigations

Employees’responsibilities(Contd. ) v. Support and help victims so that he/she can be given proper justice. v. No form of harassment will be tolerated included harassment for the following reasons: race, color, national origin, religion, sexual orientation, disability or age.

Employees’ responsibilities(Contd. ) v Any employee who believes that he/she is victim of unwelcome harassment has the responsibility to report or file a complaint about the situation as soon as possible. v. The report or complaint should be made to the employee’s supervisor; or Senior Management if the complaint involves the supervisor or manager.

Employee’s responsibilities (Contd. ) Employees should: ØAvoid behavior that may be misconstrued as possible sexual harassment. ØAvoid sexual jokes, comments, and emails. ØRespect a person’s indication that your conduct or attention is not welcome. ØNot invade another individual’s personal space.

Employee’s responsibilities(Contd. ) ØNot touch anyone without their permission. ØClearly inform those engaging inappropriate sexual orientated behavior that they find it objectionable. ØSeek assistance promptly if they are the target of or observe severe or repeated instances of behaviour that they believe qualify as sexual

Employer’s responsibility Monitor workplace behavior, enforce respect. Treat all complaints seriously and confidentially. Do not ignore any allegation. Post/disseminate EEO Policy. Respond to allegations immediately; investigate, as appropriate. Be sensitive but impartial. Interview parties and relevant witnesses.

Employer’s responsibility(Contd. ) § Ask opened-questions. § Collect relevant documentation /evidence. Take appropriate corrective action, follow-up Ensure no retaliation. Document your actions.

Resolution of Sexual Harassment cases v Interview both employees v Evaluate the situation v Interview the witnesses v Help in conducting fair investigation and true findings v Determine if it is Sexual Harassment v. Take disciplinary action v Support harassed employee v Monitor Work environment.

Prevention of Sexual Harassment Section-3(1) of 2013 Act no woman should be sexually harassed at any work place. Section-3(2) of 2013 Act states that following behaviours with women may amount to sexual harassment : (i) Implied or explicit promise of preferential treatment in her employment; (ii) Implied or explicit threat of detrimental treatment in her employment

Prevention of Sexual Harassment (Contd. ) (iii) Implied or explicit threat about her present or future employment status ; (iv) Interference with her work or creating an intimidating or offensive or hostile work environment for her; (v) Humiliating treatment likely to affect her health and safety

How can sexual harassment be prevented ? Of course, the best method to stop harassment is to prevent it from happening. Prevention begins with an attitude that sexual harassment in any form will not be tolerated.

Prevention Tools Anti-Harassment Policy Educate and Train Employees Monitor enforcement of anti- harassment policy Investigate allegations of sexual harassment

Prevention Tools (Contd. ) Protect individuals confidentiality Protect individuals against retaliation Take a corrective action IMMEDIATLEY

Corrective action to prevent Sexual harassment oral or written warning or reprimand transfer or reassignment demotion reduction of wages suspension

Preventive measures q Continually assess the work envirnment q Distribute and post the sexual harassment policy for wide publicity through Circulars, Notice Board, Hand bill etc. among the employees. q Awareness among the people through Training, Workshops, Seminars etc. q Educate all employees. q Be an example

Preventive measures(Contd. ) q Be personally accessible to employees. q Respond quickly and fairly. q Leave sexually based behaviour at the door. q Treat every one with respect. q Speak up when you see harassment q Do not encourage or give indulgence to sexual harassment activities

Preventive measures (Contd. ) Studies show that simply asking the harasser to stop through counselling will end the Sexual Harassment in 90% of the cases. However, if you are not comfortable confronting the harasser or if the harassing behaviour continues you should contact a manager, supervisor or the human resources department from the very beginning.

Preventive measures (Contd. ) Every employee deserves a safe and comfortable environment at work. A work place should be free of harassment and fear and should show full respect to each employees. It is up to every one to do their part in preventing Harassment

Cooperation

Final thoughts Important points to remember v. Remember Sexual Harassment can be physical, verbal or visual conduct. It is anything of a sexual nature in the workplace that is not welcome. v. Sexual harassment is unlawful under federal and Indian Laws. v Proved harassment leads to mental agony, penalty under criminal laws, demotion, termination of service, loss of social prestige and respect, employee turnover, humiliation, embarrassment